Context
The Dynamics of Treaty-Making: A Comprehensive Exploration of Consent, Interpretation, and Termination in International Law
The Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations (1986) governs the process of treaty-making, outlining various methods for expressing state consent, such as signature, exchange of instruments, ratification, or accession. Ratification is the typical means of expressing consent, except for low-level agreements where a signature may suffice. Reservations, allowing signatories to opt out of specific treaty provisions, are permitted unless they conflict with the treaty's object and purpose.
Interpreting treaties involves good faith, consideration of ordinary meanings, and supplementary methods like travaux préparatoires when the text is ambiguous. For certain treaties, a more flexible approach, considering effectiveness and broader purposes, may be adopted. Termination or suspension of treaties may occur through specified provisions, consent of the parties, or material breach. Multilateral treaty termination is complex, involving unanimous agreement or suspension by parties affected by a breach. The principle of rebus sic stantibus allows withdrawal in the face of fundamental changes, but certain conditions must be met.
Moving to Text B on custom, the International Court of Justice (ICJ) recognizes international custom as a source of law, requiring both state practice and acceptance as law. Major states often play a significant role in establishing customs. Once a practice gains status as a custom, all states are bound, except objecting states. General principles of law, the third source of international law, include those recognized by civilized nations. Principles such as good faith and equity underpin international law, providing flexibility and guiding the creation and performance of legal obligations. The Chorzow Factory case illustrates the principle that a breach of engagement entails an obligation to make reparation, exemplifying the importance of general principles in addressing issues not covered by treaties or customary rules.
